[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Rules and Regulations]
[Pages 53811-53812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16904]


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GENERAL SERVICES ADMINISTRATION

48 CFR Part 501

[GSAR Case 2022-G518; Docket No. GSA-GSAR-2023-0021; Sequence No. 1]


General Services Administration Acquisition Regulation: Update to 
OMB Approval Table for Paperwork Reduction Act

AGENCY: Office of Acquisition Policy, General Services Administration 
(GSA).

ACTION: Final rule; technical amendment.

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SUMMARY: The General Services Administration is issuing this final rule 
as a technical amendment to the General Services Administration 
Acquisition Regulation to update the table of approved acquisition 
related information collections from the Office of Management and 
Budget under the Paperwork Reduction Act.

DATES: Effective September 8, 2023.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. Curtis Hasuchildt, GSA Acquisition Policy Division, at 817-253-7858 
or [email protected]. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat Division at 
202-501-4755 or [email protected]. Please cite GSAR Case 2022-G518.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Paperwork Reduction Act of 1980 (44 U.S.C. 35, et seq.) imposes 
a requirement on Federal agencies to obtain approval from the Office of 
Management and Budget (OMB) before collecting information from 10 or 
more members of the public. The General Services Acquisition Regulation 
(GSAR) at 501.106 includes a table that identifies all OMB approved 
control numbers for GSA (3090 series) and the Federal Acquisition 
Regulation (FAR) (9000 series) that are applicable to GSA acquisition 
requirements. As part of the regulatory review process, GSA realized 
that the table required a correction to the listed OMB control number 
pertaining to GSAR clause 552.238-85.
    Therefore, within the table at 501.106, GSA is correcting the OMB 
control number from 3090-0303 to OMB control numbers 3090-0235 and 
3090-0306 specific to GSAR Clause 552.238-85.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    The statute that applies to the publication of the FAR is 41 U.S.C. 
1707. Subsection (a)(1) of 41 U.S.C. 1707 requires that a procurement 
policy, regulation, procedure, or form (including an amendment or 
modification thereof) must be published for public comment if it 
relates to the expenditure of appropriated funds, and has either a 
significant effect beyond the internal operating procedures of the 
agency issuing the policy, regulation, procedure, or form, or has a 
significant cost or administrative impact on contractors or offerors. 
This final rule is not required to be published for public comment 
because the change is technical in nature and makes conforming updates 
to the title and number of a referenced policy document.

III. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
The Office of Information and Regulatory Affairs (OIRA) in the Office 
of Management and Budget (OMB) has determined that this is not a 
significant regulatory action and, therefore, was not subject to review 
under Section 6(b) of Executive Order 12866, Regulatory Planning and 
Review, dated September 30, 1993.

IV. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a ``major rule'' may take effect, the 
agency promulgating the rule must submit a rule report, which includes 
a copy of the rule, to each House of the Congress and to the 
Comptroller General of the United States. The General Services 
Administration will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States. A 
major rule cannot take effect until 60 days after it is published in 
the Federal Register.
    The Office of Information and Regulatory Affairs in the Office of 
Management and Budget has determined that this is not a major rule 
under 5 U.S.C. 804.

V. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) does not 
apply to this rule, because an opportunity for public comment is not 
required to be given for this rule under 41 U.S.C. 1707(a)(1) (see 
Section II. of this preamble). Accordingly, no regulatory flexibility 
analysis is required and none has been prepared.

VI. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the GSAR do not impose recordkeeping or information collection 
requirements, or the collection of information from offerors, 
contractors, or members of the public that require the approval of the 
Office of Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 501

    Government procurement.

Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of 
Government-wide Policy, General Services Administration.

    Therefore, GSA amends 48 CFR part 501 as follows:

PART 501--GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION 
SYSTEM

0
1. The authority citation for 48 CFR part 501 continues to read as 
follows:


[[Page 53812]]


    Authority:  40 U.S.C. 121(c).


0
2. In section 501.106, amend the table by revising the entry for 
``552.238-85'' to read as follows:


501.106  OMB approval under the Paperwork Reduction Act.

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                                                            OMB control
                     GSAR reference                             No.
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                                * * * * *
552.238-85..............................................      3090-0235,
                                                               3090-0306
 
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[FR Doc. 2023-16904 Filed 8-8-23; 8:45 am]
BILLING CODE 6820-61-P